House File 589 S-5030 Amend the amendment, S-5004, to House File 589, 1 as amended, passed, and reprinted by the House, as 2 follows: 3 1. By striking page 1, line 5, through page 2, line 4 14, and inserting: 5 << Section 1. Section 717A.1, Code 2011, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION . 2A. “Agricultural production 8 facility” means an animal facility as defined in 9 subsection 4, paragraph “a” , or a crop operation 10 property. 11 Sec. 2. NEW SECTION . 717A.2A Agricultural 12 production facility fraud. 13 1. A person is guilty of agricultural production 14 facility fraud if the person willfully does any of the 15 following: 16 a. Obtains access to an agricultural production 17 facility by false pretenses for the purpose of 18 committing an illegal act. 19 b. Makes a false statement or representation as 20 part of an application or agreement to be employed 21 at an agricultural production facility, if the 22 person knows the statement to be false, and makes 23 the statement with an intent to commit an act not 24 authorized by the owner of the agricultural production 25 facility. 26 2. A person is guilty of agricultural production 27 facility criminal mischief if the person is an employee 28 of the agricultural production facility and becomes 29 aware of livestock abuse as provided in section 717.1A, 30 livestock neglect as provided in section 717.2, or 31 crop operation property damage as provided in section 32 717A.3, and willfully fails to notify a local law 33 enforcement agency. 34 3. A person who commits an offense described in 35 subsection 1 or 2 commits the following: 36 a. For a first conviction, a serious misdemeanor. 37 b. For a second or subsequent conviction, an 38 aggravated misdemeanor. 39 Sec. 3. NEW SECTION . 717A.2B Agricultural 40 production facility recording requirements. 41 1. An owner of an agricultural production facility 42 shall, at the owner’s expense, install video monitoring 43 equipment to record activities twenty-four hours per 44 day throughout all interior and exterior areas of the 45 facility. On the first day of each month, the owner 46 shall release all recordings to the department of 47 agriculture and land stewardship, which shall make the 48 recordings available to the public via an internet site 49 or other similarly accessible format. 50 -1- HF589.4199 (1) 84 da/rj 1/ 2 #1.
2. An owner of an agricultural production facility 1 who fails to comply with the recording requirements set 2 forth in subsection 1 commits the following: 3 a. For a first conviction, a serious misdemeanor. 4 b. For a second or subsequent conviction, an 5 aggravated misdemeanor. 6 Sec. 4. EFFECTIVE DATE. The following provision or 7 provisions of this Act take effect on January 1, 2013: 8 1. The section of this Act enacting section 9 717A.2B. > 10 ___. Title page, line 2, by striking < and providing 11 penalties and remedies > and inserting < providing 12 penalties, and including effective date provisions >> 13 ______________________________ MATT McCOY -2- HF589.4199 (1) 84 da/rj 2/ 2